It was initially a formal error that led the administrative court in bayreuth to rule that neustadt's second mayor, elke protzmann, should not have been expelled from the CSU faction of the city council. A decision against which the group appealed. A decision, however, that has now been confirmed by the bavarian administrative court in munich, and against which there is no longer any right of appeal.
According to the court, elke protzmann must be admitted to the caucus with all the rights and duties of a caucus member until a final decision is reached on the main issue, so that she can make the most of her opportunities for local political influence."
The reason for elke protzmann's exclusion from the CSU's city council faction was a statement she had made during a witness interview in the course of a criminal investigation. The faction leadership around the then chairman frank altrichter accused her of having violated the duty of confidentiality.
The court came to the conclusion that elke protzmann's reasons for exclusion had not been explained in sufficient detail. Both the invitation to the relevant group meeting and the subsequent letter of notification to the data subject contained only very general statements on the reasons for this. It is not clear what factual findings ultimately led the majority of the parliamentary group to its decision. Because this formal error was already enough to render the expulsion invalid, the court was not even concerned with the legality of the expulsion, which was decided against four votes from the parliamentary group.
No point in repeating
Nevertheless, the administrative court has also ruled on the matter. At least the parliamentary group was able to repeat its decision, avoiding formal errors and thus trying to exclude elke protzmann after all. As a precautionary measure, however, the judges clarified that the obligation of council members to maintain secrecy, which is governed by the bavarian municipal code, does not also include speeches made at caucus meetings that relate to internal matters within the caucus without any direct connection to municipal duties or to the private affairs of third parties. According to this, there was no breach of confidentiality by elke protzmann when, in the course of the investigation, she testified about what one of her faction colleagues had spread in rumors about the oberburg mayor.
The administrative court did not specify the amount of the court costs or who would have to pay them in its communication on the ruling.